When a loved one dies suddenly in a road accident, the emotional toll can be unbearable. For many families, grief is compounded by an immediate loss of income or essential household support. Dependency claims are designed to help.
Carbone Lawyers have guided countless Victorian families through this deeply personal and often confusing legal process. With decades of experience in road fatality claims under both the Transport Accident Commission (TAC) scheme and the Wrongs Act, we’re here to ensure you receive the full support you’re entitled to, with compassion and clarity.
Who the law recognises as a ‘dependent’
If you were financially dependent on someone who died in a transport accident, you may have a legal right to claim compensation.
In Victoria, the law defines eligible dependents as:
- A spouse or de facto partner
- Children under 18
- Adult children who remained financially dependent
- An unborn child, where paternity is proven
You do not need to be married to qualify. If you lived with the deceased in a domestic relationship and relied on their income or support, the law considers your loss significant.
Both the TAC and the Wrongs Act recognise these forms of dependency, but the type and amount of compensation can differ.
Different legal paths to support after loss
Support Available Through the TAC
The TAC is Victoria’s statutory insurer for road accidents. If your loved one died in a transport accident, the TAC can provide essential support, regardless of who was at fault. This includes:
- Funeral and monument costs: up to $18,860*
- Travel and accommodation for family attending the funeral: up to $6,290
- Family counselling: up to $20,020*
*as of 1 July 2024, and applies to accidents on or after 20 November 2013 (Information for funeral directors; Transport Accident Commission)
These benefits are typically processed quickly, allowing families to focus on healing. However, they are capped and limited to specific costs.
Claims Under the Wrongs Act
For families facing ongoing financial impact, a Wrongs Act dependency claim may offer more comprehensive compensation. This type of claim is made against the party whose negligence caused the fatal accident. To be successful, you must prove:
- The at-fault party was negligent
- The deceased was not solely responsible for the accident
- You were financially dependent on them
These claims can compensate for lost income the deceased would have earned and for services they would have provided, such as childcare or home maintenance. Unlike TAC benefits, compensation is based on your specific level of dependency and the deceased’s earning capacity. Importantly, even if the deceased was partly at fault, your compensation is not reduced unless they were 100% responsible.
Time limits that can cost you everything
Time matters. Strict legal deadlines apply to dependency claims.
- Wrongs Act: Claims must be made within two years of the death.
- Common law damages: Claims must generally be lodged within six years of the accident.
Missing these deadlines can prevent you from receiving any support. We can act quickly to protect your rights and prepare your case thoroughly, but the sooner you contact us, the better.
Why families trust us in times of crisis
Carbone Lawyers combine legal expertise with compassion. Our team is deeply experienced in fatality claims under both the TAC and the Wrongs Act, and we understand how difficult this time can be.
We work on a no win, no fee basis. That means you don’t pay unless your claim is successful. We take care of the process from start to finish, collecting evidence, handling paperwork, and dealing with insurers, so that you can focus on what matters most.
Contact Carbone Lawyers to find a way forward
Losing someone in a road accident is an unimaginable hardship. But if you depended on them, the law provides a pathway to financial support, and you deserve to understand and pursue it.
TAC benefits can provide immediate relief, while Wrongs Act claims may offer long-term financial protection. Both exist to acknowledge your loss and preserve your stability.Let us help you secure the future your loved one would have wanted for you. Contact us to support you with care, transparency, and results.
